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brianstorms weblog: September 2004 Archives
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September 30, 2004
From Lerach to Franken In The Same Morning
Talk about your juxtapositions. I went to hear Bill Lerach, the attorney so famously (or infamously) associated with class-action securities lawsuits, speak at the San Diego Venture Group breakfast session this morning.
"How many CEOs are there in the audience?" the moderator asked at the beginning of the session. Hundreds of hands went up. "It's a target-rich environment," the moderator then quipped to Lerach.
"I haven't eaten breakfast this morning," Lerach said.
Some highlights of some of the things Lerach spoke about over the course of the hour:
Corporate fraud is still going on, despite all the high-profile criminal suits, people going to jail, etc. "There's just as much fraud as ever", he said. "The insiders are still cooking the books".
"Billions of dollars [due to litigation] are going to change hands in the next 24 months."
He spoke a lot about the "unintended consequences" of both Sarbanes-Oxley legistlation, as well as the 1995 securities reform legistlation that limited shareholder power.
He spoke a lot about "derivative lawsuits" -- "historically the red-headed step-children of class actions" but now coming into favor by many law firms -- particularly suits over 401k's and other issues
Asked by the moderator why the majority of cases he deals with are small- to mid-cap companies as opposed to big-cap companies, Lerach said: "Look, you get up each morning and take what comes. It's like we're hunters. A big animal walks in front of you and you shoot. A small animal walks in front of you and you go after that."
Sarbanes-Oxley has been helpful, he said, because it serves as a "discovery roadmap", and it has changed judicial attitudes. Federal judges, even conservative ones, are far less sympathetic to directors and officers who claim they weren't aware of fraud or corruption going on i"
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